Sri.Shiddappa S/O Shivalingappa … vs The State Of Karnataka on 9 October, 2009

IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD

DATED THIS THE 09TH DAY 01? 0cT0BB;§é;"2Qo--é3fi    _

BEFORE

THE HON'BLE MR. JUSTICE A.1§.  x;¥GQ§*ALA'

CRIMINAL PE;'i'Ifl'IO1\i'*1ji§3; 735;;;g_g.do9  

BETWEEN:

AND:

jay. 55.  A-C. Mali, Adv.)

Shiddappa «_ _« _   _ 
S / 0. Shivalingapap-3 D,/Ititaligézil,   *
Age. About 55 years-, V " ' 1  "
Ass. Spdtpof Posts',* ~ 
O / 0. SpdtA;.0f-Posts, 1; --. 
Belgaum F{iVision«,  2

Be1g'au1_ri';. V  '

... PETITIONER

,  Q The Sta3:e._ Karinataka,
 Rep.».By Gokak' Police,

Dist, Bevigaum,

3  _ i'l9w.VRep';--.By SPP.

The Police Inspector,

Civil. Rights Enforcement Cell,

C .. Belgaum Region,

 {By Sri. RH. Gotkhindi, HCGP. )

Beigaum.
... RESPONDENTS



This Crl.R.P is filed U/sec. 482 of Cr.P.C. by the
Advocate for the petitioner praying to call for the records in
Spl. Case No. 29/2008 on the file of III Addl. District 85
Sessions Judge, Belgaum and quash the complaint and FIR

dtd. 08/ 04/ 2008 registered in Gokak police station .« 'i"1i.._.P.._S=._
Crime No. 94/2008 as well as the charge sheet~~~and__the"
entire proceedings in Spl. Case No. 29/2008 on the--- P'ilee'ojf ., ~
Addl. District 8:: Sessions Judge, Belgaum regiVs__te1=ed'.f_o~r th.e'--« _
offences punishable U /see. 195, 198, ..1.99, 420 o'f-ILRC'; and'; "

Sec. 3(1) (ix) of SC/ST Prohibition of Atrocities Act,_.i1--98,9"as

same being totally arbitrary, illegal "anc'fIio't sus'ta_i'nab1e--..,in?i./_:

law and to grant such other and further-.re1iefs,."as. are just
even including the appropriatecqsts and compen.,s'at,ion> to
petitioner.      

This Crl.R.P is coining V_fo'1':.._O,rders  day, the
Court made the following: '  '  V  A. 

The TahsVilidia;*,_, a caste certificate to the
petitioner on T05/'O6}"']:e9?i:9",--oishowing him as belonging to

To1<re4;jKoli¢Sched1.i_led Tribe. Petitioner was appointed as a

 Ffos.tal  in the Department of Posts, Government of

iIi:?dia_'under_i_S.T~_,dguota. Deputy Superintendent of Police,

_  DCRi£_, at_v'Be,l§:§aum, submitted a report dtd. 08/ 05/ 2007 to

 the , Tahsiidar, Gokak requesting to cancel the caste

 jcer'ti.ficate dtd. 05/ 06/ 1979 issued to the petitioner. The

  i'_I'ahsi1dar by an Order dtd. 27/11/20% cancelled the caste

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certificate dtd. 05/06/1979 issued to the petitioner. The
Tahsildar also lodged a complaint against the petitioner

before the Gokak police, alleging commission of offences

punishable under Sec. 196, 198, 199, 420 1.13.0. a.1"I'd::.S:(i5C.vv

3(i) (ix) of S.C./S.T. (Prohibition of Attrocities)  .

case was registered in Gokak: RS. Crirne No.  ii"

investigation, a charge sheet was laid agairi'sti'rthe..petiitionerg'

in the Court of III Addl. Sessions..__tJudge._at Belgaunifior
offences punishable under the he case was

registered in Spl. cese'N§j,~- 29i_'/2Qois';..V__V.ffhe_said Court has

taken cognizance of the offence and iss'L1edCsu'rnrnons to the

petitioner.  quashing of the proceedings in
the afores-aiid«.Spl .--  . 91'/.2008.

The ipietiitionier had: filed wp. No. 8558/2008 in this

i if"Cou1et;'questifmingitheiisaid Order of Tahsildar, cancelling

the said :ca,.steiiiicertificate, issued in his favour. The said Writ

Petiti_on ws.s*eliewed by an Order dtd. O3/12/2008 on the

 'ground"of'i.violation of principles of natural justice, as the

"petitioner had not been afforded with an opportunity of

V' ..__mhearing, before cancelling the caste certificate. As a result of

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5. Sri. Rarnachandra Mali, learned counsel appearing

for the petitioner contended that, in View of the 

Order dtd. 11/03/2002 and the Order _pasiS-edi:ei_iljyi_ die5

Tahsildar dtd. 04/09/2009, it is not open' tVe?the'Atr-eepdnde't;t,"f

to continue to prosecute the petitio.ne'r.. in i:Case":

29 / 2008. Learned counsel con.te'i'1ded the
order passed by the  whereby it
was held that the caste 1979 cannot
be canceled,    Tokre Koli, a
Scheduled  initiated pursuant to the
report of  Police, D.C.R.E. dtd.
08/05/92.90?  Lee is liable to be quashed.

Learned counsel  that, the continuation of the

_ proceegjdiings in theasiaid case, will result in harassment to the

in  petitioner and_iw.ould nothing but, an abuse of due process of

law."-iLearned,__coi;uisel place reliance on certain unreported

i ii _ decisiionsvofi this Court.

 .A Vote. srtpa. Gotkhindi, learned H.C.G.P., submitted

 t.th'at,'»ini"iview of the order passed by the Tahsildar bearing No.

i  -MS.t3/DE-25/200'?--O8 dtd. O4/O9/2009, wherein it was held

le

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that the caste certificate dtci. O5/06/£979 issued to the
petitioner cannot be cancelled, the Court may pass

appropriate order in the matter.

7. indisputably, the Tahsildar lodged_«a.:mcornp*1aint_T'.

against the petitioner, with the Goijcals. __ ::13oii'c:e"_ on " "

08/04/2008. It is on the basis of  said Ttsrspiisirit,'"s;¢s;;y*sf

which is as at Annexure--B,Vth_e case was r'egi._ste1jed_.§and.Vii~

investigation was undertakerif~~.g:i Witho'ut:i_'rnaJsi;ing any
reference to the pro.c_"eedings,V-- V  Government of
Karnataka, which led to_th:e_ issiie  o;o;511\;:s-E swo 713 SAD

93 Dtd. 11/03" the sssrgs .shé4e~:---did. 08/O4/2008 as

at Annexure--Di"has:'bee'n_:fi1eci.' The charge leveled therein
against the,,petitio'ne.r;is~* by furnishing false information,

he obtained thegiicastie certificate dtd. 05/06/1979 and

Zitiierebyi  gained employment and other benefits

i"'i11e-g_a1iiy"viani:1 hence he was liable to be prosecuted for the

offences_'pu.n'ishab1e under Sec. 196, 196, 199, 420 of I.P.C.

fu/rsec. 15(1) (ix) of S.C./S.T. (Prohibition of Attrocities) Act,

i' -,,1g'9*89iii The 111 Add}. Sessions Judge, at Belgaum having

  ....perused the charge sheet and docxnents annexed to it, has

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taken the cognizance of the offence by an Order.___dtd.

27/ 05/ 2008 and has directed to registration of the 

8. In View of the aforesaid order"__dit;«0{¥.:0:9.i2009'i

passed by the Tahsildar, holding ,£ha£'ti:¢"caste.__'¢'e:::ifi'cg1;§]

dt.05.06.1979 issued to the Petitionie-rlcannot :.hefcahc¢11;'d,H

there cannot be any prosecutiorflof the"petiti.one'; for the

offences registered in Crizne. 

9. In identical   has qtlashed
the criminal    'Na: 8750/2009 dtd.
13/04/20093'  licri}?-ii' No. 8999/ 2009 dtd.
14/07/  ivez-y reasons recorded in

the said aim-ders, this also liable to be allowed and

as a result  Vproccedingisi pending in the Court below are

 v ,.iiablve.j  q'uAasheld.i" """ " it

 ._  said decisions, I pass the following;

ORDER

.. 1. Fetition is allowed.

it Proceedings initiated against the petitioner, in Spl.

Case No. 29/2008, pending on the file of the Iii

h

/.t

.9′

Add}. District 82; Sessions Judge at Be1gaum,_stand

hereby quashed.

3. The petitioner shall abide by

conditions of the (}ove1T1T1I_I1ent_–‘H’OrderV'”*d’a.ted__

11/03/2002 (Annexure–C)V.l4

4. Liberty stands reserved to’-_theV its

authorities, to take actro’n’,Vagainst.”theioetitioner, in
accordance t”herne:”~\§rere to be any
violations by :’wfii_VcV;;_ within the
oftfre Order No. SWD
:{0s:j2’opé (Annexure–C).

Ordered aV.ccordir1g1y.

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